Ghasemi v District Court of New South Wales [2015] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ghasemi v District Court of New South Wales [2015] NSWCA 267 Hearing dates: 1 September 2015 Decision date: 01 September 2015 Before: R A Hulme J Decision: Applications refused Catchwords: PROCEDURE – application for temporary stay of sentence proceedings – where judicial review proceedings pending in Court of Appeal – where applicant's prospects of success are poor – where sentence already deferred for over a year - no proper basis established for grant of stay – application refused

PROCEDURE – application for temporary stay of sentence proceedings – where applicant proposes to appeal against conviction but notice of appeal yet to be filed – unusual for conviction appeal to be heard prior to sentence – where sentence already deferred for over a year – no proper basis established for grant of stay – application refused

PROCEDURE – application for expedition of judicial review proceedings – refusal by sentencing judge to recuse – reasonable apprehension of bias or prejudice – no arguable basis shown for reasonable apprehension of bias or prejudice – expedition application refused Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5 Supreme Court Act 1970 (NSW) ss 65, 69, 75 Cases Cited: Tonari v R [2013] NSWCCA 232 Category: Principal judgment Parties: Behrooz Ghasemi ( Applicant) District Court of New South Wales (First Respondent) Director of Public Prosecutions (Second Respondent) Representation: Counsel: Applicant in person Ms C A Webster SC (Second Respondent)